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Donna M. Doblick of Reed Smith Donna M. Doblick of Reed Smith

Many thought that the 2009 and 2010 amendments to the False Claims Act would result in greater recoveries by qui tam relators and the U.S. government. Indeed, both the number of qui tam matters and the amounts recovered have increased markedly since their enactment. Government statistics reflect that 3,490 qui tam actions were filed between 2013 and 2017, up 30 percent from the prior five-year period. Qui tam relators received $393 million in share awards in 2017, up from $205 million in 2008, and the government received $3.7 billion in settlements and judgments in 2017, up from $1.4 billion in 2008. A confluence of recent developments, however, have placed more obstacles in the path of qui tam actions. Three developments in particular—two from the U.S. Court of Appeals for the Third Circuit and one from the U. S. Department of Justice—bear further study.

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